English
Español5-14-114. Capital rape
(a) A person commits capital rape if:
(1) He or she engages in sexual intercourse or deviate sexual activity with another person who is thirteen (13) years of age or younger and causes or threatens to cause serious physical injury to that person;
(2) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit:
(i) Terrorism, § 5-54-205;
(ii) Kidnapping, § 5-11-102;
(iii) Vehicular piracy, § 5-11-105;
(iv) Robbery, § 5-12-102;
(v) Aggravated robbery, § 5-12-103;
(vi) Residential burglary, § 5-39-201(a);
(vii) Commercial burglary, § 5-39-201(b);
(viii) Aggravated residential burglary, § 5-39-204;
(ix) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 – 5-64-508, involving an actual delivery of a controlled substance;
(x) First degree escape, § 5-54-110;
(xi) Trafficking of persons, § 5-18-103;
(xii) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303; or
(xiii) Transportation of minors for prohibited sexual conduct, § 5-27-305; and
(B) During the course of or in furtherance of the offense under subdivision (a)(2)(A) of this section, the person engages in sexual intercourse or deviate sexual activity with another person who is thirteen (13) years of age or younger;
(3) While using or threatening to use a deadly weapon, he or she engages in sexual intercourse or deviate sexual activity with another person who is thirteen (13) years of age or younger; or
(4) He or she engages in sexual intercourse or deviate sexual activity with another person who is thirteen (13) years of age or younger after previously having been convicted of rape under § 5-14-103(a)(3) or capital rape under this section.
(b)(1) Capital rape is punishable as follows:
(A) If the defendant was eighteen (18) years of age or older at the time he or she committed the offense:
(i) Death; or
(ii) Life imprisonment without parole.
(B) If the defendant was younger than eighteen (18) years of age at the time he or she committed the offense, life imprisonment with the possibility of parole after serving a minimum of twenty (20) years’ imprisonment under § 16-93-621(a)(1)(A).
(2) For any purpose other than disposition under §§ 5-4-101 – 5 4 104, §§ 5-4-201 – 5-4-204, §§ 5-4-301 – 5-4-307, §§ 5-4-401 – 5-4-404, §§ 5-4-501 – 5-4-504, §§ 5-4-601 – 5-4-605, § 5-4-607, § 5-4-608, § 16-93-307, § 16-93-313, and § 16-93-314, capital rape is a Class Y felony.
(3)(A) If the sentence prescribed in subdivision (b)(1)(A)(i) of this section for capital rape is held unconstitutional, the sentence for capital rape shall be equal to the sentence prescribed in subdivision (b)(1)(A)(ii) of this section.
(B) If subdivisions (b)(1)(A)(i) and (ii) of this section are held to be unconstitutional, capital rape shall be a Class Y felony with a minimum term of imprisonment of twenty-five (25) years.
(c) It is not a defense to a prosecution for capital rape that the victim consented to the conduct.
(d) A court may issue a permanent no-contact order when a defendant has been found guilty of capital rape.
(e) A person convicted of capital rape is subject to § 9-10-121.
